THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
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YOMA 59-88 have been dedicated to the memory of the late Dr. Simcha
Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens N.Y. by his wife
and daughters. Well known in the community for his Chesed and Tzedakah, he
will long be remembered.
1) DERIVING LAWS OF "INUY" FROM THE LAWS OF "MELACHAH"
QUESTION: The Gemara seeks a source to show that there is no Azharah ("Lo
Ta'aseh") for transgressing the Isurim of Inuy during Tosefes Yom Kipur
(such as eating during the "added time" of Yom Kipur, which one is supposed
to add from the weekday to Yom Kipur at the beginning and end of the day).
The Gemara says that it may be learned through a Kal v'Chomer from the Isur
of Melachah. If, with regard to Melachah -- which is more severe, because it
is prohibited not only on Yom Kipur but also on Shabbos and Yom Tov -- there
is no Azharah for Melachah done during the time of Tosefes Yom Kipur, then
certainly Inuy -- which is less severe because it is only prohibited on Yom
Kipur and on no other days -- is not prohibited by an Azharah during Tosefes
2) DERIVING THE PUNISHMENT FOR "MELACHAH" FROM "INUY"
How can the Gemara make such a Kal v'Chomer? The Gemara a few lines later
says that *Inuy* is more severe than Melachah in one respect, because it is
not "Hutar mi'Kelalo" (there is never an allowance to transgress the Isurim
of Inuy), while Melachah is "Hutar mi'Kelalo" (for example, Melachah is
allowed to be done in order to bring the Korbanos). If so, perhaps for that
reason, Tosefes Inuy does have an Azharah, even though Tosefes Melachah does
not! (TOSFOS YOM HA'KIPURIM and RASHASH)
(a) The RASHASH suggests that the fact that Inuy is not "Hutar mi'Kelalo"
means that it is more severe with regard to having a more severe punishment
and being a weightier Isur. However, when discussing *when* the Isur applies
(in contrast to if there is an Isur altogether), the fact that it is
prohibited *on fewer days* overrides the severity of not being "Hutar
mi'Kelalo." As far as time is concerned (whether there is an Azharah for
Inuy during the time of Tosefes Yom Kipur), the logic that Melachah applies
on more days should certainly tell us that the Isur of Melachah should also
apply for more of the day, such as during the time of Tosefes Yom Kipur.
(b) The KORBAN AHARON cited by the TOSFOS YOM HA'KIPURIM says that the
source that there is no Azharah for Tosefes Inuy is not really a Kal
v'Chomer. The Gemara is just comparing Inuy to Melachah, without making a
real Kal v'Chomer. The Gemara's reasoning works as follows:
The Gemara concludes that the source for the Azharah of Inuy (that is, on
Yom Kipur itself) is derived from a Gezeirah Shavah with Melachah, as Ravina
says ("Etzem-Etzem"). Since the Azharah of Inuy is derived from Melachah,
then there cannot be an Azharah of Tosefes Inuy if there is no such Azharah
for Tosefes Melachah (as the Beraisa already proved).
QUESTION: The Gemara attempts to find the source for the Azharah for the
prohibitions of the Inuyim on Yom Kipur. The Gemara suggests that the verse
did not need to state the punishment for doing Melachah on Yom Kipur,
because we would have learned the punishment from Inuy through a Kal
v'Chomer. If the Torah tells us that Inuy is punishable with Kares, even
though Inuy applies only on Yom Kipur and not on any other day, then
certainly Melachah is punishable with Kares, for Melachah is more severe
than Inuy because it applies every Shabbos and Yom Tov. Since the
punishment mentioned for Melachah is not needed, we instead learn from there
the Azharah for Inuy, says the Gemara.
How can the Gemara suggest that the *punishment* of Kares for Melachah is
derived from this Kal v'Chomer? There is a rule that "Ein Onshin Min ha'Din"
-- a Kal v'Chomer cannot be used to teach a punishment, even a punishment
like Kares (Tosfos, Chulin 115b, and as implied by the Gemara in Makos 5b)!
(a) TOSFOS YOM HA'KIPURIM answers that there is an opinion in Sanhedrin
which says "Onshin Min ha'Din," we do use a Kal v'Chomer to teach a
punishment for a certain transgression. Our Gemara is in accordance with
(b) The SI'ACH YITZCHAK answers that the Gemara could actually have asked
how will the opinion that maintains "Ein Onshin Min ha'Din" explain this Kal
v'Chomer, but it had a better question to ask (that is, it asks that the Kal
v'Chomer is incorrect, because Inuy is actually more severe than Melachah
since it is not "Hutar mi'Kelalo").
3) DERIVING THE "AZHARAH" AND PUNISHMENT FOR YOM KIPUR FROM THE WORD
QUESTION: Rav Papa learns that the Azharah for Inuy is derived from the fact
that Yom Kipur is referred to as "Shabbos." Just like Shabbos consists of an
Azharah and a punishment for its desecration, so, too, there is an Azharah
and a punishment for transgressing the prohibition of Inuy on Yom Kipur.
4) THE OBLIGATION TO EAT ON EREV YOM KIPUR
According to Rav Papa, why do we need a verse to teach us the *punishment*
of Kares for Inuy on Yom Kipur? Just like the Azharah is derived from the
fact that Yom Kipur is called "Shabbos," so, too, the punishment should be
derived from there as well!
Furthermore, we should learn from the fact that Yom Kipur is called
"Shabbos" that the punishment for transgressing the Mitzvos of Yom Kipur is
*Sekilah*, and not Kares, as the verse says! (This latter question is asked
by the RASHASH.)
ANSWER: The second question answers the first. The reason the Torah needs to
write the punishment for transgressing the prohibition of Inuy, and it
cannot derive the punishment from the fact that Yom Kipur is called
"Shabbos," is because the punishment is *different* than that of Shabbos!
The Torah tells us that the punishment for Yom Kipur is Kares, while for
Shabbos it is Sekilah. Had the Torah not written the punishment of Yom
Kipur, we would have derived it from Shabbos and said that it was Sekilah.
Therefore, the Torah had to write the punishment of Kares for Inuy.
(See Rashi, DH Hi Gufah, who says that Yom Kipur is like Shabbos "for both
*its punishment and* its Azharah." Rashi must mean that although we *could
have* compared Yom Kipur to Shabbos to learn the punishment, the verse then
states explicitly what the punishment for Inuy on Yom Kipur is, implying
that we should not learn the punishment (Sekilah) from Shabbos, but rather
the punishment is only Kares.)
OPINIONS: The Gemara derives from the verses that one who eats and drinks on
the ninth of Tishrei, the day before Yom Kipur, is considered as though he
fasted both the ninth and the tenth. Why should eating on Erev Yom Kipur be
considered like fasting?
(a) RASHI (DH Kol ha'Ochel) explains that by eating and drinking the day
before one prepares himself for the fast. Since his eating and drinking on
the ninth is in *preparation* for the fast of the tenth, his eating is
considered to be a part of his later fasting. This is also the opinion of
the ROSH (Yoma 8:22), and support can be found for it in the Yerushalmi.
(b) The SHIBOLEI HA'LEKET, quoting RABEINU YESHAYAH, says that after eating
and drinking a lot on the day before the fast, fasting is much more
difficult. Therefore one is rewarded for eating on the ninth as if he has
lengthened his fast of the tenth. (Support for this understanding can be
adduced from the Gemara in Ta'anis (26a) which says that fast-days are not
established on Sundays, for it is too hard to fast after a day of festivity.
-Pardes Yosef, Vayikra)
(c) The TUR (Orach Chayim 604) quotes the Midrash that tells the story of a
simple Jew who outbid the king's officer to buy a fish on the day before Yom
Kipur. The Jew later explained to the king that he wanted the fish "to
celebrate that Hashem was going to pardon the sins of the Jewish people" the
next day. From this it can be learned that eating on the day before Yom
Kipur shows one's faith that the fast of the following day will earn us a
complete pardon. RABEINU YONAH (Sha'arei Teshuvah 4:8) also suggests such an
(d) Since Yom Kipur is a Yom Tov, it requires a Se'udas Yom Tov, a festive
meal. However, we cannot have a Se'udah on Yom Kippur because we are
commanded to fast. The Se'udah, therefore, was moved to the ninth. Since the
Se'udah of the ninth is part of the celebration of the tenth, by eating on
the ninth it is considered as if one fasted on both the ninth and the tenth.
(Rabeinu Yonah, Sha'arei Teshuvah 4:9)
(e) The ARUCH LA'NER (Rosh Hashanah 9a) suggests a novel approach. During
the year, a person sins with his body and with his soul. By fasting on Yom
Kipur, one afflicts his body in order to attain atonement for the sins that
he did with his body against his soul. By eating on the day before Yom
Kippur, one afflicts his soul in order to attain atonement for the sins that
he did with his soul against his body (such as excessive fasting).
All of these reasons assume that eating on the ninth of Tishrei is related
to the fast of atonement of the tenth of Tishrei, Yom Kipur. Consequently,
it may be concluded that women are also obligated to eat on the ninth of
Tishrei, even though it is time-dependent obligation from which women are
normally exempt. Since women must fast on Yom Kipur, they are also required
to do everything connected with that fast, including eating on the ninth.
This is how the MAHARIL rules as cited by the DARCHEI MOSHE, Orach Chayim
604:1 (see also REBBI AKIVA EIGER, Teshuvos I:16, and K'SAV SOFER, Teshuvos